To the Government of the Republic of Moldova

01.07.2014

To the Government of the Republic of
Moldova

The 1st
July 2014

The Anticorruption Alliance and the National Council
for Participation (CNP) active in the prevention, diminution and eradication of
corruption in Moldova, considers appropriate the addressing to the authorized state
institutions on continuing reform of the justice sector, preventing and
combating the corruption and the lack of integrity by approving and adoption of
the anti-corruption policies and the integrity assurance.

State with regret that the draft of
the law on modification and completing certain legislative acts with
modifications necessary to prevent and combat the corruption, the conflicts of
interest, the prevention of the corruption risks already figured 2 times on the
agenda of 2 meetings of Government of 25 and 28 June 2014 to no longer found
later in the final versions of the agendas of the Cabinet of the Ministers.

Express the perplexity for exclusion
from the final editorial offices agendas of the draft law with modifications
necessary to prevent and combat the corruption, the conflicts of interest, and
the prevention of the corruption risks, and in particular, selective:

1)The specifying
in the Penal Code of the notion of damaging the public interest (Article 126
(2)),

2)The inclusion
of a new criminal offense component in the Penal Code "The Conflict of
interests" (art. 329/1),

3)The concretization
notion of "the public agent" in the Law on the testing professional
integrity, no. 325/2013

4)The
facilitating the procedure of realization of testing the integrity of the
public sector to promote the integrity and the trust in the public sector,

5)The specifying
through the exhaustive coverage of corruption phenomenon and the facts corrupt
behavior in the Law on preventing and combating the corruption,

6)The
fortification of the mechanism of the corruption risk assessment in activity of
the elaboration of policies, normative acts and adopting decisions by public
authorities.

7)The express
establishing of the responsibility for various forms of breaches of the
declaration of income regime, conflicts of interests, including procedural or
material non-compliances, failure to comply the obligations to declare improper
influences, concealment of corruption acts, obstructing them.

8)The introducing
the contravention responsibility for acts of favoritism, conflict of interest
and not declaring it, breach of the regime of incompatibility, etc.

The Anticorruption Alliance and the
National Council for Participation consider imperative the adoption of the legislative
modifications, initial introduced on the agendas of 2 meetings of the Cabinet
of the Ministers, because the draft of law was subjected to the procedures of
transparency and aims to implement the following provisions of the EU-Moldova
Association Agreement, namely:

1)Art. 4 - the
internal reform - ... the ensuring effectiveness
in the fight against corruption ... to ensure effective implementation of international legal instruments such as
the UN convention against corruption in 2003,

2)Art. 16 -The preventing and combating the
organized crime, corruption and other
illegal activities - 1e) passive and
active corruption, in the private and public sector, including the abuse of functions and influence,
1f) forging documents and filing false
declarations ...,

3)Art. 22 - e)
the promoting of the ethical values ​​in the public
service,

4)Art. 50 - The
fight against frauds and corruption in the public finances - b) improving
methods for combating and preventing
frauds and corruption in the fields provided (public finances).

Consider that these legislative
modifications, originally proposed in editorial office, to the examination in
meeting of the Cabinet of the Ministers have to be placed on its agenda
urgently.

Yours
sincerely,

Olga Bîtcă, the president of the AACSergiu
Ostaf, the president of the CNP